Massachusetts Appeals Court June 22, 2009, No. 08-P-890 (Sedell v. Zoning Board of Appeals)

Grainger, J.

The plaintiffs own a small strip mall in Carver, where they operate a pharmacy. They wished to sell wine and beer from a currently vacant store area in the strip mall, and sought a special permit from the zoning board of appeals of Carver (board). Relying largely upon the proximity of the site to several schools and a day care center, the board denied the special permit.